Terms of Service
Last updated: August 23, 2017
I. Overview and eligibility
ThatTutorGuy.com LLC (“Company” or “we” or “us”) is committed to providing the best service possible to our customers on www.ThatTutorGuy.com (the “Site”) and services offered through the Site (the “Services”). We created these terms of service (“Terms”) to provide the legal terms by which you are bound when you use the Site, and by which a child under the age of 13 is bound when using the Services with your account. You may only use the Site or Services if you accept these Terms. If you do not accept these Terms then you may not use the Site or Services. We reserve the right to make changes to these Terms at any time. Any such modifications will become effective immediately upon posting to the Site and your continued use of the Site and Services constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms as posted on the Site.
If, in our judgment, you violate these Terms, then, at any time, we may suspend or terminate your access to the Site and/or Services, and you will forfeit any prepaid subscription fees.
We may add, change, or eliminate features, pricing, and other aspects of the Site or Services and make other changes at any time to the Site or Services, and these Terms will continue to apply to the Site and Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Site or the Services.
The Site and Services should not be used where they are prohibited by applicable law. The Site and Services are intended only for adults or children 13 years old or older. If a child is below 13 years old, a parent or legal guardian must create the account using their own information and shall supervise and be responsible for his or her own, as well as the child’s, use or misuse of the Site and Services in all respects.
III. Purchase and Billing
The trial/monthly plan is a recurring subscription service where you will be billed at the beginning of each using the same form of payment you subscribed with or that you later provide us with (your “Payment Method”). The term for the trial/monthly plan is 7 days for the first period and monthly thereafter. Pricing will remain the same for the duration of your subscription. Pricing is not guaranteed if you cancel your plan and re-subscribe. New subscriptions will be at the current price on the Site. Your membership will automatically renew every 30 days unless and until you cancel your membership or we choose to cancel it.
Multi-month plans are to be paid in full at the beginning of their term. Your access to the Services will continue for as many months as specified in the plan description. These plans are intended to provide the best benefit for our subscribers and offers may change from time to time. If new plans are introduced, existing subscriptions are unaffected. The length of the plan as well as whether or not it is recurring will be specified on the pricing page. For non-recurring plans, access to the Services is terminated at the end of the term. For recurring plans, you will be charged at the beginning of each term with no interruption in service.
If you cancel before the end of the trial or within the monthly billing cycle for the trial/monthly subscription or within the length of the plan for a multi-month plan, you cancel only future charges associated with your subscription, and you will still have access to the Services for your remaining subscription term. Your access and privileges will continue to the end of the current billing period, and you will not receive a refund. However, you must cancel your membership before it renews in order to avoid billing of the next period's membership fees to your Payment Method.
If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts. We also reserve the right to suspend or cancel your account. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. In addition, if the Site or Services or any portion thereof are temporarily unavailable, you will not receive a refund or credit.
Refunds are provided in our sole discretion and only if one of the following reasons can be documented to our satisfaction: duplicate billing or an incorrect amount billed or identity theft. We do not offer pro-rated refunds.
If you would like to cancel your subscription plan for any reason, you may do so by visiting the Site, signing into your account, and clicking the appropriate link on your account page. You may also email us at firstname.lastname@example.org.
V. Your Obligations
To use the Services, you will need to pay any applicable fees and obtain an account, username and password. When you register, the information you provide to us during the registration process will help us in offering content, customer service, and network management. You are responsible for providing legitimate and complete information about yourself while registering as well as keeping your information current and complete.
You are solely responsible for maintaining the confidentiality of your account(s), username(s) and password(s) and for all activities and liabilities associated with or occurring under your account(s), username(s) and password(s). You must notify us immediately of any unauthorized use of your account(s), username(s) or password(s) and any other breach of security, and (b) ensure that you exit from your account(s) at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of use of your account(s), username(s) or password(s), either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account(s), username(s) or password(s).
If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or cancel your account(s) and refuse any and all current or future use of the Site or Services, or any portion thereof.
Improper access of the Site and Services is not allowed. Examples of improper access include (but are not limited to) using any means to circumvent our registration or payment systems, hacking our Site or Services in any way, using the Site or Services when you have been notified that your permission to use the service has been revoked, sharing your account information or anyone else's account information with a third party (regardless of whether the particular third party can be identified), logging yourself or a third party in simultaneously, using a third party’s account, failing to log yourself out after a session and (regardless of intention) thereby allowing others to access your account, or copying, reposting, or distributing any videos or other Site or Services content elsewhere. Improper access also includes using any artifice or method (such as using multiple email accounts, cell phone numbers, and/or credit card numbers) to attempt to avoid paying for access to the Services. This may include, but is not limited to using multiple introductory promotion codes or offers by creating multiple accounts under different emails and credit card numbers and credit card fraud. Improper use will result in immediate cancellation of your accounts and the right to refuse all future use of the Site and Services. We will determine what constitutes improper access, in our sole discretion.
VI. Limited License
So long as you are in compliance with these Terms, and we have not suspended or terminated this license, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use and view the Site – and for registered paid subscribers only, to view and use the Services in addition – through their standard user interface, for your own personal, non-commercial purposes.
VII. Disclaimer of Warranties
The Website and Services are made available solely for general information purposes. The contents are believed accurate but we do not make any representations regarding the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. You remain solely responsible for your educational outcomes.
Your use of the Site and Services is at your own risk. The Site and Services are provided on an “as is” and “as available” basis. Neither the Company nor any person associated with the Company makes any promise, warranty, or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Site or Services. Without limiting the foregoing, neither the Company nor anyone associated with the Company promises, represents, or warrants that the Site, Services, or any portion thereof will be accurate, reliable, error-free, or uninterrupted, that errors or defects will be corrected, that the Site or Services or the server(s) that makes them available are free of viruses or other harmful components, or that the Site and Services will otherwise meet your needs or expectations. The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.
VIII. Limitations of Liability
Under no circumstances, including, without limitation, negligence, shall the Company or third parties be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of data, goodwill, or profits, arising out of the use, or the inability to use, the Site, Services, or any portion thereof, even if the Company or its authorized representative has been advised of the possibility of such damages. If your use of the Site, Services, or any portion thereof results in the need for servicing, repair, or correction of equipment or data, you assume any costs thereof. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. To the maximum extent permissible by law, the Company’s and the Company’s owners, managers, officers, employees, agents, vendors, and representatives’ liability to you under these Terms shall be limited to the greater of (i) the amount you have actually paid us for services hereunder, (ii) One Dollar (USD $1), or (iii) the minimum amount of damages permissible under applicable law. To the maximum extent permissible under applicable law, these limitations of liability shall apply regardless of whether any damages arise out of breach of contract, tort, or from any other legal theory or cause of action.
You agree to indemnify, defend, and hold harmless the Company, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives, and third-party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims, and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of your use or misuse of the Site, Services, or any portion thereof, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
The Site may contain links to other websites and resources provided by third parties; these links are provided for your convenience only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked from the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites and subject to the privacy policies of those websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services or other materials available on or through any such third-party websites or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein.
XI. Intellectual Property Rights
The Site and Services and their entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Site or Services are transferred to you, and all rights not expressly granted herein, are reserved by the Company.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site or Services.
You may not: (i) use any illustrations, photographs, video or audio sequences. or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site or Services; or (iii) access or use for any commercial purposes any part of the Site or Services or materials available through the Site.
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans, are trademarks of the Company. You may not use such marks without the prior written permission of the Company.
XII. Governing Law and Venue
The laws of the State of California will govern these Terms, as well as any claim that might arise between you and us, without regard to any conflict of law provisions.
For the purpose of litigating all such claims, you agree to submit to the personal jurisdiction, and that venue is proper in any court geographically located in the State of California, County of Los Angeles.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
In addition to any other remedies available at law or in equity, because money damages are acknowledged to be inadequate to compensate the Company for damages suffered from violation of these Terms, we shall be entitled to an injunction to enjoin any actual or threatened violation of these Terms by you, without the need of showing irreparable injury or of posting a bond.